In In re Netbank, Inc. Securities Litigation, 2009 WL 2461036 (N.D. Ga. Aug. 7, 2009), U.S. District Court Judge Beverly B. Martin granted plaintiffs' motion to compel electronically stored information in its native format.

This case involved a putative class action lawsuit related to the purchase or acquisition of stock in defendant Netbank, Inc.  Plaintiffs filed a motion to compel all electronically stored information ("ESI") in native format.  Defendants objected that FRCP 34 did not require production of documents in native format, and instead sought to produce documents in a Tagged Image File Format ("TIFF").  The court ruled that potential problems inherent in a native file production were largely "hypothetical" and granted plaintiffs' motion to compel production of ESI in native format.